Green & Humbert Attorneys at Law
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C. MARK HUMBERT
Mark Humbert is a civil litigator who represents employee benefit plan sponsors and fiduciaries,
employers, commercial building owners, life insurers, health insurers, managed care entities,
construction entities, third party administrators and other businesses in litigation and arbitrated
matters throughout California. His litigation practice is focused in the following areas: ERISA benefit
and fiduciary disputes, life insurance matters, commercial real estate litigation (including unlawful
detainers), commercial disputes, secured transactions litigation, and construction disputes. He is
admitted to practice before all state and federal trial courts in California, and before the Ninth Circuit
Court of Appeals and the United States Supreme Court. He has also been admitted to practice, pro
hac vice, in the US District Courts in Utah and Nevada, as well as the US Bankruptcy Court in Nevada.
Mark has more than 25 years experience in civil litigation and arbitrations. He has been a member of
the American Arbitration Association Commercial and Employee Benefits Panels for approximately 10
years, and has substantial training and experience in arbitration, mediation and other forms of
alternative dispute resolution. He is an “Early Neutral Evaluator” and a panel mediator for ERISA
matters for the U.S. District Court for the Northern District of California. He is also a panel member on
the ADR panel of the American Health Lawyers Association (AHLA).
Mark is an active member of the American Bar Association’s Tort, Trial and Insurance Practice Section
(TIPS). He is a member of its Life Insurance Committee, Health and Disability Insurance Committee,
and ADR Committee, and was the 2002-2003 Chair of the Employee Benefits Law Committee of
TIPS. He was Program Chair for several years for the Employee Benefits Committee presentation at
the Mid- Winter Meeting of the above committees, and was Program Chair for the Employee Benefits
Committee program at the ABA Annual Meeting in New York City in summer 2000 and the Midwinter
Meeting in January 2003. He was a member of the ABA Joint Committee on Employee Benefits from
2000 through 2003.
Mark was born in Houston, Texas in 1954, and moved to the Bay Area in 1979, where he attended and
graduated from Boalt Hall, the law school at the University of California at Berkeley. His
undergraduate degree is from New College of Florida in Sarasota, Florida, the honors college of the
Florida state university system. Before founding Green & Humbert in September 2004, Mark was a
partner with Pohls & Humbert and Fleming & Phillips in Walnut Creek and, before that, practiced with
Adams, Duque & Hazeltine and Seyfarth, Shaw, Fairweather and Geraldson in San Francisco.
Mark’s clients include The Swig Company, Post-Montgomery Associates (owners of the
Crocker Galleria in San Francisco), Aegon, California State Employees Association (CSEA), Fidelity
Investments, Brand Source, Associated Materials, Inc., The Americo Group of Companies, MD Group
Insurance, Inc., Fidelity Security Life, The University of California, Anthem Blue Cross, Professional
Insurance Consultants, Inc., Tribeca Real Estate Partners, ICMA Retirement Corporation, and Unum.
Recent notable decisions in which Mark represented prevailing parties include McCalla v. Royal
Maccabees Life Insurance Company, 369 F.3d 1128 (9th Cir. 2004) (Rule 59(e), FRCP, governs post-
judgment motions for prejudgment interest, and a motion submitted by plaintiff two years after entry of
judgment is late and therefore barred by the Rule); Achtel v. Massachusetts Mutual Life Insurance
Company 2000 U.S. App. LEXIS 5228 (9th Cir. 2000) (Summary judgment was properly entered in
ERISA benefit claim case, where disability claimed was due to an illness or injury which commenced
prior to policy reinstatement; defendant demonstrated that there was no issue of material fact
requiring trial of the claim), and Carl v. Steelworkers Western Independent Shops Pension Plan,
(Docket No. 1670 SBA, N.D. Cal. October 4, 2004) (State-law-based claims brought by plan
participants against a third party administrator for the plan dismissed as preempted by ERISA.)
Martindale-Hubbell AV Rating
